Construction, Forestry, Mining and Energy Union

[2015] FWCA 2412

[2015] FWCA 2412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/695)

CANBERRA FORMWORK SOLUTIONS PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION GREENFIELDS AGREEMENT (ACT) 2015-2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2015

Application for approval of the Canberra Formwork Solutions Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Formwork Solutions Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theConstruction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

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